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(영문) 부산지방법원 2015.07.08 2014가합53434

양수금

Text

1. The Defendants are jointly and severally liable to the Plaintiff. As to KRW 880,884,52 and KRW 290,869,397 among them, Defendant from October 14, 2014.

Reasons

On July 11, 2003, the National Agricultural Cooperative Federation (hereinafter referred to as the “CF”) concluded an agreement with Defendant A on the 1,150,000,000 general loans, and the repayment date on July 11, 2005, the interest rate fluctuation rate (2.1-2.6% per annum), the lower limit of 15% per annum to 19% per annum (hereinafter referred to as the “instant loan agreement”), and the said money was loaned to Defendant A (hereinafter referred to as the “instant loan”).

After July 11, 2005, the National Agricultural Cooperative Federation extended the repayment date of the loan of this case on July 11, 2006 upon Defendant A’s application for postponement of the repayment date of the loan of this case, and Defendant B jointly and severally guaranteed all obligations under the loan agreement of this case as KRW 1,380,000 on the same day.

From March 1, 2006, Defendant A delayed the payment of interest on the loan of this case.

Around September 26, 2006, the Agricultural Cooperative Federation transferred the instant loan claims to the 11st securitization specialized company of the Agricultural Cooperative Federation, notified the Defendant A of the said transfer on October 11, 2006, and on December 23, 2011, the 11th securitization specialized company of the Agricultural Cooperative Federation transferred the said claims to the Plaintiff again on December 23, 201, and notified the Defendant A of the said transfer of claims.

Meanwhile, the interest rate applicable to the instant loan is 6.75% per annum from March 1, 2006 to April 10, 2006, and 6.89% per annum from April 11, 2006 to April 11, 2006, and where the overdue period is more than three months, the interest rate applicable to the instant loan is as follows.

After June 5, 2002, at least three months (at least 91 days) overdue loan interest rates for each date, 15% per annum, 19% per annum, 19% per annum, and 9% per annum after December 16, 201, the National Agricultural Cooperative Federation of the Agricultural Cooperatives, the debtor loan interest rate of 9% per annum, 17% per annum after October 8, 2012, shall be the debtor loan interest rate of 9% per annum, and the debtor loan interest rate of 15% per annum from June 2007, shall be the debtor loan interest rate of 15% per annum.